Last updated: August 13, 2025

These Terms & Conditions (“Terms”) govern your use of [https://your-domain] (the “Site”) and any product marketing and advisory services offered by [Biased Media Group / BMG Legal Entity] (“BMG”, “we”, “us”, “our”). By accessing the Site or engaging us for services, you agree to these Terms. If you do not agree, do not use the Site and do not engage BMG.

Contract structure. If you purchase services, these Terms work together with any Order Form / Proposal / Statement of Work (SOW) and our Data Processing Addendum (DPA) (when we process personal data on your behalf). If there is a conflict, the order of precedence is: (1) SOW/Order Form, (2) DPA (for privacy matters), then (3) these Terms.

1) Who we are & what we do

BMG is a product marketing consultancy serving B2B software companies. We provide strategy sprints, fractional product marketing leadership, GTM planning, messaging/positioning, enablement, and related advisory (“Services”). We also publish resources on the Site for information only.

2) Eligibility & accounts

You must be capable of forming a binding contract under applicable law. If you create an account or portal access (if provided), you are responsible for safeguarding credentials and for all activity under your account.

3) Proposals, SOWs, and changes

• Scoping. Services, deliverables, timelines, assumptions, and fees are defined in an Order Form / SOW (collectively, “Order”).
  
  
• Change requests. Material changes (scope, timeline, dependencies) require a mutually signed change order and may affect fees and dates.
  
  
• Dependencies. Our estimates assume timely access to stakeholders, systems, and information. Delays outside our control extend timelines.
  
  

4) Fees, taxes, invoicing & refunds

• Fees & billing. Fees are as set out in the Order (project, retainer, or time-and-materials). Unless stated otherwise, fees are exclusive of taxes.
  
  
• Payment terms. Invoices are due [net 7 / net 15 / net 30] from invoice date. Late amounts may accrue [1.5% per month] (or max allowed by law) plus collection costs.
  
  
• Expenses. Pre-approved out-of-pocket expenses will be invoiced at cost.
  
  
• Refunds. Except where expressly stated in an Order or required by law, fees are non-refundable once work begins.
  
  
• Suspension. We may suspend Services for invoices overdue by [10/15] days after notice.
  
  

5) Intellectual property (IP)

5.1 Pre-existing IP & tools

Each party retains ownership of pre-existing materials, know-how, methods, templates, and tools (“Background IP”). Nothing transfers unless expressly stated.

5.2 Deliverables

Upon full payment, BMG grants you a worldwide, perpetual, non-exclusive, royalty-free license to use the final client-specific deliverables we create for you under the Order (e.g., messaging docs, GTM plans, positioning statements, enablement decks) for your internal business and external marketing needs.

If you prefer IP assignment (transfer of ownership), say so in the Order; fees may differ. BMG keeps a license to its Background IP and any generic elements embedded in the deliverables so we can serve other clients.

5.3 Third-party materials

Deliverables may include or rely on third-party materials (e.g., fonts, icons, stock, frameworks, SaaS outputs). Those remain subject to their own licenses; we’ll note any special terms in the Order.

5.4 Portfolio license

Unless your Order or NDA says otherwise, you grant BMG a limited right to reference your name and unredacted high-level outcomes (not confidential data) in our portfolio and proposals. You may revoke this permission by emailing [legal@your-domain]; we’ll remove future references within a reasonable time.

5.5 Feedback

If you give us feedback or suggestions, you grant BMG a non-exclusive, irrevocable, worldwide, royalty-free license to use it without restriction.

6) Client materials & responsibilities

You represent you have the necessary rights to share Client Materials (data, content, trademarks, product info, claims) and that they do not infringe others’ rights. You are responsible for claims substantiation (e.g., performance stats, certifications) and for regulatory compliance of your product. We can rely on your written approvals as proof of accuracy.

7) Confidentiality

Each party may access the other’s Confidential Information (non-public business, technical, financial, or customer info). The receiving party will use it only to perform under these Terms, protect it with reasonable measures, and not disclose it except to personnel and subprocessors bound by confidentiality. Exclusions: info that is public, independently developed, or rightfully obtained from a third party without duty of confidentiality. Required disclosures by law are permitted with notice where lawful.

8) Privacy & data processing

Your use of the Site is governed by our Privacy Policy and Cookie Policy. Where BMG processes personal data on your behalf while providing Services, the DPA applies and is incorporated by reference. Each party will comply with applicable data protection laws.

9) Acceptable use (Site & collaboration tools)

You will not (and will not allow others to):

• Misuse the Site or any collaboration workspace, including uploading malware, scraping without permission, or probing systems;
  
  
• Infringe IP or privacy rights, or post unlawful, harmful, or deceptive content;
  
  
• Circumvent security or rate limits;
  
  
• Use the Site or deliverables for illegal or high-risk purposes (e.g., incitement, exploitation, discrimination).
  
  

We may remove content or suspend access for violations.

10) Third-party platforms & AI tools

We may use reputable third-party platforms (e.g., cloud storage, project management, analytics) and, where appropriate, AI-assisted tools to speed research, drafts, or formatting. We will not intentionally disclose your Confidential Information to public AI models unless (a) you authorize it in writing or (b) the provider offers enterprise safeguards that prevent training on your data. You are responsible for reviewing AI-assisted drafts for regulatory, brand, and legal compliance before publication.

11) Warranties & disclaimers

• Mutual authority. Each party warrants it has the authority to enter these Terms.
  
  
• BMG warranty (services). We will provide Services with reasonable care and skill in accordance with the Order.
  
  
• Client warranty. You have rights to the Client Materials and required consents for any data you provide.
  
  

Disclaimers. Except as expressly stated, the Site and Services are provided “as is” and “as available.” We do not guarantee specific business results, rankings, revenue, funding, or outcomes. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

12) Indemnities

• BMG IP indemnity. BMG will defend and indemnify you from third-party claims alleging that the final deliverables (as delivered by BMG and used per the Order) infringe IP rights, provided you promptly notify us, allow us control of the defense/settlement, and cooperate. We may modify or replace the item or refund the applicable fee for the impacted portion. This does not apply to claims arising from Client Materials, your modifications, or use contrary to the Order.
  
  
• Client indemnity. You will defend and indemnify BMG from claims arising out of Client Materials, your instructions, or your violation of law or third-party rights.
  
  

13) Limitation of liability

To the maximum extent permitted by law:

• No indirect damages. Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages (including lost profits, revenue, data, or goodwill).
  
  
• Cap. Each party’s total liability arising out of or related to the Site or the Services is capped at the amounts you paid to BMG under the applicable Order during the twelve (12) months preceding the event giving rise to liability.
  
  
• Carve-outs. The above limits do not apply to (i) unpaid fees; (ii) infringement or misappropriation of the other party’s IP; (iii) breach of confidentiality; or (iv) willful misconduct or fraud.
  
  

Some jurisdictions do not allow certain limitations; in that case, the limitation applies to the fullest extent permitted.

14) Term, termination & suspension

• Website. We may suspend or terminate Site access at any time with or without cause.
  
  
• Services. The Order states the term and termination rights. Unless stated otherwise, either party may terminate an Order for material breach not cured within [10/15/30] days of notice. If the Order allows termination for convenience, you will pay for work performed and non-cancelable commitments up to the effective termination date.
  
  
• Effect. On termination, each party will return or destroy the other’s Confidential Information (subject to lawful archival retention) and you will pay all due invoices.
  
  

15) Non-solicitation (optional—include only if you want it)

During the Order term and for [6–12] months after, you will not directly solicit for employment any BMG personnel who worked on your project, except via general advertising not targeted at BMG staff. If you hire in breach, you will pay a fee equal to [25–35]% of the employee’s first-year compensation as liquidated damages.

16) Compliance, sanctions & anti-corruption

Each party will comply with applicable laws, including export controls, economic sanctions, and anti-corruption laws (e.g., FCPA, UK Bribery Act). You will not use the Site or Services in or for the benefit of sanctioned persons or jurisdictions.

17) Force majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., natural disasters, labor disputes, internet outages, governmental actions), provided the affected party uses reasonable efforts to mitigate and resume performance.

18) Notices

Formal notices must be in writing and sent to the contacts below (or as updated by notice):

• To BMG: [Legal Name & Address], Email: [legal@your-domain]
  
  
• To You: The address and email on your Order or account
  
  

Notices are deemed given on receipt or, for email, when sent without bounceback during business hours at the recipient’s location.

19) Governing law & dispute resolution

Choose one and delete the others before publishing:

• Option A (India). These Terms are governed by the laws of India, without regard to conflicts principles. Courts in [Bengaluru / Mumbai / New Delhi] have exclusive jurisdiction.
  
  
• Option B (USA). These Terms are governed by the laws of the State of Delaware, USA. Courts in Delaware have exclusive jurisdiction.
  
  
• Option C (UK/EU). These Terms are governed by the laws of England & Wales. Courts of London have exclusive jurisdiction.
  
  

Arbitration (optional). Disputes will be finally resolved by [institution] arbitration seated in [city], in [English], with one arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

20) Changes to these Terms

We may update these Terms from time to time. The “Last updated” date reflects the latest version. If we make material changes affecting existing customers, we will provide reasonable notice (e.g., email or banner). Continued use after the effective date constitutes acceptance.

21) Miscellaneous

• Independent contractor. We are an independent contractor; no partnership, agency, or employment relationship is created.
  
  
• Assignment. Neither party may assign these Terms without the other’s consent, except to an affiliate or in connection with a merger or sale of substantially all assets (with notice).
  
  
• Severability. If a provision is unenforceable, the remainder remains in effect.
  
  
• No waiver. A failure to enforce a provision is not a waiver.
  
  
• Entire agreement. These Terms, the Order, and (if applicable) the DPA are the entire agreement for the Services and supersede prior understandings on the same subject.
  
  

22) Contact

Questions about these Terms?
[Biased Media Group / BMG Legal Entity]
Address: [Registered Address]
Email: [legal@your-domain] / [hello@your-domain]

23) Definitions (quick reference)

• Client Materials: information, data, brand assets, claims, content, or systems you provide or make available to BMG.
  
  
• Deliverables: client-specific outputs we produce under an Order.
  
  
• Order: an Order Form, Proposal, or SOW that references these Terms.
  
  
• Confidential Information: non-public information disclosed by one party to the other that is marked or reasonably understood as confidential.
  
  

Implementation checklist (remove before publishing)

1. Fill in legal entity name, address, contacts.
   
   
2. Pick governing law & venue, and decide on arbitration.
   
   
3. Decide if you want IP license (default above) or full assignment—reflect in your Order template.
   
   
4. Confirm payment terms, late fee, and non-solicitation (keep or delete).
   
   
5. Link to Privacy Policy, Cookie Policy, and DPA pages.
   
   
6. Add your Subprocessor list link if you maintain one.
   
   
7. Align this with your proposal/SOW templates (scope, change orders, acceptance criteria).
   
   

Annex A — PMM Playbook Sprint (SOW Template)

Objective. Build a complete Product Marketing Playbook that aligns leadership, sharpens positioning, and defines a repeatable GTM system.

Duration. 4–6 weeks (typical), depending on access to stakeholders and data.

1) Scope & Deliverables

BMG will produce the following artifacts in Google Docs/Slides (or your stack):

1. ICP & Segmentation: primary/secondary ICPs, firmographics, triggers, red flags.
   
   
2. JTBD & Insights Pack: pains, desired outcomes, buying triggers, language bank.
   
   
3. Competitive & Alt-Solutions Scan: landscape, value curves, win/loss hypotheses.
   
   
4. Positioning & Narrative: value proposition, differentiators, storyline, proof points.
   
   
5. Messaging Framework: tiered (company, product, use-case), talk tracks, FAQ.
   
   
6. Pricing & Packaging Hypotheses (lightweight): tiers, value metrics, trade-offs.
   
   
7. GTM Motion Blueprint: motions by segment (PLG/SLG/Channel), high-level funnel.
   
   
8. Channel & Content Map: 90-day content plan, pillar topics, enablement assets list.
   
   
9. Launch/Activation Plan (if relevant): milestones, owners, risks, comms plan.
   
   
10. Enablement Starter Kit: sales one-pager, elevator pitch, objection handling, demo script.
    
    
11. Executive Summary: 2-page brief with key decisions, risks, and next steps.
    
    

Exclusions (unless added by change order): Creative production (design/video), ad ops, marketing automation builds, web development, PR pitching, community management, lead gen execution.

2) Process & Cadence

• Kickoff & Alignment (Week 1) — goals, success criteria, data request.
  
  
• Research (Weeks 1–2) — internal interviews (up to 6), desk research, light customer calls (up to 5, if provided).
  
  
• Synthesis (Week 3) — insights, draft narrative.
  
  
• Frameworks (Week 4) — positioning, messaging, GTM motions.
  
  
• Plans & Enablement (Week 5) — content map, launch plan, enablement kit.
  
  
• Handover (Week 6) — readout, playbook walkthrough, parking-lot items.
  
  

Meetings: Weekly 60-min working session; async Slack/Email Q&A.
Response SLAs: BMG replies within 1 business day; client feedback due within 5 business days per draft.

3) Acceptance Criteria

• Each artifact is accepted when (a) marked “Final” by BMG and (b) client approves in writing or provides no blocking feedback within 5 business days (“deemed acceptance”).
  
  
• Revisions: Up to 2 consolidated rounds per artifact (typo fixes anytime).
  
  
• Out-of-scope changes (new markets, offers, personas, major strategy shifts) require a change order.
  
  

4) Assumptions & Client Responsibilities

• Provide SME access, existing research, product access (as needed), and accurate claims.
  
  
• Consolidate feedback via a single point of contact.
  
  
• Provide anonymized CRM/win-loss data where available (or confirm unavailability).
  
  

5) Fees & Milestones (pick one option in your Order)

Option A (50/30/20):

• 50% on signature (project reservation)
  
  
• 30% on delivery of Messaging Framework (end of Week 4)
  
  
• 20% on Final Playbook & Handover
  
  

Option B (40/40/20):

• 40% on signature
  
  
• 40% after Strategy Readout (end of Week 3)
  
  
• 20% on Final Playbook & Handover
  
  

Expenses: Pre-approved travel/tools at cost. Late feedback may shift milestones.

6) Change Requests

Material changes to scope/timeline/inputs require a written change order with revised fees/dates. Time spent waiting on overdue inputs may be reallocated or billed T&M at [₹ / $] [rate]/hour.

Annex B — Fractional PMM (Retainer SOW Template)

Objective. Provide ongoing product marketing leadership and execution to drive adoption, pipeline quality, and launch excellence.

Engagement Model. [10 / 20 / 30] hours per week (choose one). Minimum term 3 months; auto-renew monthly.

1) Core Responsibilities (examples)

• Strategic: positioning upkeep, pricing & packaging advisory, quarterly GTM planning, exec comms.
  
  
• Launch Management: tiering, briefs, timelines, enablement, post-launch review.
  
  
• Content & Enablement: narrative guardrails, sales collateral, case study program.
  
  
• Insights Ops: win/loss program, voice-of-customer loops, analyst inputs.
  
  
• Partnering: align with Product, Sales, Demand Gen; OKR tracking.
  
  

Out-of-scope by default: paid media buying/ops, marketing automation builds, web development, design/video production, community management, PR pitching. Can be added as Add-On Sprints.

2) Cadence & SLAs

• Weekly 60-min steering call; bi-weekly roadmap review.
  
  
• Slack/Email response within 1 business day; urgent items flagged “URGENT” (4-hour best-effort during business hours IST).
  
  
• Quarterly OKRs agreed in Month 1; monthly progress notes.
  
  

3) Monthly Deliverables (menu; pick 3–5 per month)

• 1–2 enablement assets (e.g., one-pager, playbook update)
  
  
• 1 launch brief or launch retro
  
  
• 1 insights memo (win/loss or VoC)
  
  
• 1 narrative/messaging update
  
  
• 1 content pillar outline or website copy pass (narrative level)
  
  

4) Fees & Billing

• Fixed monthly retainer ₹ / $ [amount], billed in advance.
  
  
• Hours beyond allocation: [₹ / $][rate]/hour, pre-approved.
  
  
• Pause/Carryover: Up to 20% hours can roll forward 1 month if pre-agreed.
  
  
• Termination: Either party may terminate with 30 days’ notice; unused prepaid time is not refundable (unless BMG stops providing services without cause).
  
  

5) Coverage & PTO

• BMG observes standard public holidays in India and provides 10 business days PTO/year with 14 days’ notice (client-critical weeks excluded or covered).
  
  

Annex C — Add-On Sprint Modules (Pick & Attach as Needed)

General: Each sprint includes kickoff, 1–2 workshops, and a readout. Two rounds of consolidated revisions. Typical timeline 2–3 weeks each.

C1) Positioning & Messaging Refresh (2–3 weeks)

Deliverables:

• Positioning statement, proof points, differentiators
  
  
• Tiered messaging framework (company/product/use case)
  
  
• Objection handling & talk tracks
  Acceptance: Deemed accepted after 5 business days without blocking feedback.
  Fee & Payment: ₹ / $ [amount] — 60% on kickoff, 40% on final.
  
  

C2) Sales Enablement Kit (2 weeks)

Deliverables:

• One-pager, elevator pitch, discovery guide, objection responses
  
  
• Slide mini-deck (10–12 slides)
  Assumptions: Your brand templates are provided.
  Fee: ₹ / $ [amount] — 50%/50% (kickoff/final).
  
  

C3) Pricing & Packaging Quick Study (3 weeks)

Deliverables:

• Packaging options, value metrics, starter price points, trade-offs
  
  
• Revenue impact scenarios (lightweight), experiment plan
  Exclusions: Full willingness-to-pay study, primary pricing surveys.
  Fee: ₹ / $ [amount] — 40%/40%/20% (kickoff/draft/final).
  
  

C4) Website Narrative & Homepage Messaging (2 weeks)

Deliverables:

• Narrative spine, homepage H1/H2/subcopy/CTAs, 3 hero variants
  
  
• IA suggestions for top 3 pages and copy skeletons
  Exclusions: Development, full site rewrite, design comps.
  Fee: ₹ / $ [amount] — 60%/40%.
  
  

C5) Analyst/Investor Briefing Kit (2 weeks)

Deliverables:

• 12–15 slide briefing deck, narrative memo, 10 FAQs
  Fee: ₹ / $ [amount] — 50%/50%.
  
  

C6) Demand-Gen Channel Plan (3 weeks)

Deliverables:

• Channel mix (3–5 channels), campaign hypotheses, first 90-day plan
  
  
• Content pillar calendar (8–12 assets), KPI ladder
  Exclusions: Campaign build/run, ad ops.
  Fee: ₹ / $ [amount] — 40%/40%/20%.
  
  

Annex D — Review & Acceptance (Global Clause)

1. Client provides consolidated feedback within 5 business days of each draft.
   
   
2. BMG incorporates up to 2 rounds of revisions per artifact. Additional rounds billed T&M at [rate]/hour.
   
   
3. Deemed acceptance if no blocking feedback within the review window.
   
   
4. Changes due to new information (new product, market, buyer) are out of scope and require a change order.
   
   

Annex E — Dependencies & Client Duties (Global Clause)

• Appoint a single point of contact with authority to approve.
  
  
• Provide timely access to SMEs, product, sandboxes, and data (anonymized where possible).
  
  
• Ensure claims substantiation (performance, compliance) and notify BMG of regulated claims (e.g., financial/health).
  
  
• Consolidate and return feedback on time; delays extend timelines and may trigger rescheduling fees for workshops.
  
  

Annex F — Workshops, Rescheduling & Cancellation

• Reschedule with ≥3 business days notice: no fee; with <3 business days: ₹ / $ [flat fee] or [X]% of day rate.
  
  
• Cancellation <5 business days before a scheduled workshop: [50%] of the workshop fee.
  
  

Annex G — Rates, Overage & Expedite

• Out-of-scope or urgent work billed at [rate]/hour (minimum 2 hours).
  
  
• Expedite (<48h turnaround) at 1.5× rate, subject to availability.
  
  
• All rates exclusive of taxes and reviewed annually with 30 days’ notice.
  
  

Annex H — Data, Privacy & Tools

• The DPA is incorporated by reference for any client personal data processed by BMG.
  
  
• BMG may use reputable tools (e.g., Google Workspace, Notion, Slack, Miro). Subprocessors listed on [your-domain]/subprocessors (or Annex to the DPA).
  
  
• No public model training on your confidential inputs without your written approval or enterprise safeguards.
  
  

Annex I — Optional IP & Portfolio Tweaks

• Default: License to client-specific deliverables upon full payment; BMG retains background IP/methods.
  
  
• If client needs full assignment: Add: “Upon full payment, BMG assigns ownership of the final deliverables excluding Background IP; BMG retains a non-exclusive, perpetual license to generic methods/templates.”
  
  
• Portfolio reference opt-out: Client may email legal@[your-domain] to opt out of future references.
  
  

How to use this (quick steps)

1. Pick the Annex that matches the offer (A, B, or C*).
   
   
2. Fill amounts, hours, dates, and rate placeholders.
   
   
3. Attach the chosen Annex to your Order/SOW and cross-reference your main Terms, Privacy Policy, Cookie Policy, and DPA.
   
   
4. Send for signature.